1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 5, 2014, the Defendant awarded a contract for the construction of a new commercial housing unit D (hereinafter “instant construction”) in Chungcheongnam-gun Budget-gun (D) on condition of the contract price of KRW 460 million (excluding value-added tax) and November 30, 2014 (hereinafter “instant construction”) to the Mapo Industry Co., Ltd. (hereinafter “Mama Industry”).

B. On November 4, 2014, based on an executory notarial deed No. 475 of 2014, the Plaintiff, a notary public, attached the amount of KRW 174,362,00 after subtracting the seizure prohibition amount under Article 88 of the Framework Act on the Construction Industry and Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry from among the construction price claims to be paid by the Defendant after the completion of the instant construction work, the Plaintiff was issued an attachment and assignment order (hereinafter “instant attachment and assignment order”) with the content that “The amount of the enforcement bond amount of KRW 174,00,000,000, the enforcement bond amount of KRW 362,000,000)” to the third obligor’s obligor’s obligor’s payment is prohibited and the Plaintiff was entirely assigned to the Plaintiff (hereinafter “instant seizure and assignment order”).

On November 19, 2014, the instant attachment and assignment order was served on the Defendant and became final and conclusive on December 30, 2014.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 3 evidence, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff holds a claim based on the authentic copy of a notarial deed with executory power over the Mapo industry, and the Mapo industry holds a claim for construction price under the construction contract for the new construction of D commercial housing concluded on June 5, 2014 with the Defendant.

The Plaintiff received an order of seizure and assignment as to the amount equivalent to KRW 174,362,00 among the above claim for the construction price against the Defendant in the Mapo Industry based on the authentic copy of the authentic deed with the above executory power over the Mapo Industry (i.e., KRW 174,00,000 in the execution bond amount of KRW 362,00 in the execution bond amount of KRW 174,000 in the execution bond), and the above seizure and assignment order became final and conclusive after

Therefore, the defendant is the plaintiff.